What to Do If You're Facing Harassment at Workplace – A Legal Guide

Sexual Harassment at Workplace

Posted On : June 17, 2025

What to Do If You're Facing Harassment at Workplace – A Legal Guide

Written By : Vidhikarya

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This blog talks about sexual harassment at workplace and rights of women facing it, the steps to be taken when facing discrimination at workplace including harassment by boss, seniors or colleagues.

Introduction

We often talk about equal rights, equal pay and equal work at workplaces and the laws in India also protect women at the workplace from all kinds of discrimination. Protection of Sexual harassment at workplace is one among such protections provided to all working women. It aims to protect women who face harassment at their workplaces either physical, verbal or emotional.

What is Sexual Harassment?

Sexual harassment has a wide scope. It is defined under the POSH Act. We will discuss its official definition later. Let’s understand it with some examples:

You joined a company where you are working hard to get appreciated but your boss makes inappropriate demands for promoting you. Well, it is one side, there can be anybody who can harass you at your workplace.
Imagine someone in your team or say your colleague makes inappropriate comments on your appearance, your dress or even about your physique.
The picture doesn’t end here. Now, imagine somebody, be it your employer or your colleague, making gestures demanding sexual favours.

These are some basic explanations of sexual harassment at the workplace. Although, there can be more incidents which can be considered as an act of sexual harassment. The Protection of Women from Sexual Harassment at Workplace Act, 2013 or POSH Act defines all possible ways a woman can be harassed and provides complaint mechanism accordingly.

Background

The concept of sexual harassment is not so older concept. In the year 1997, it resulted from a landmark Supreme Court judgment. The case was Vishaka & Ors. vs. State of Rajasthan & Ors. (1997), also known as the Sexual Harassment case. In this case Mrs. Bhanwari Devi was brutally gang raped while on duty. She was a social worker associated with an NGO named Vishakha. She was trying to stop a child marriage and as a result, she was raped by some men in Rajasthan. A group of women rights had filed a PIL before the Hon’ble Supreme Court. The Supreme Court issued some guidelines also known as Vishakha guidelines. These guidelines were issued as a directive for the employers to protect the women at the workplace.

Based on these Vishakha guidelines, the parliament had enacted the Protection of Women from Sexual Harassment at Workplace Act, 2013 or POSH Act.

Sexual harassment under BNSS

The Bhartiya Nyaya Sanhita, 2023 (BNS) replacing the old penal code of India, recognises the act of sexual harassment as a serious criminal offence. Though, it is not specific to sexual harassment at workplace. Its scope is wide and it covers all aspects of sexual harassment. The act of sexual harassment at workplace can be considered under this provision but it is not just limited to this.

Sexual harassment under BNS is defined under Section 75 and read as follows:

Section 75(1) of the BNS is defined as any act by a man towards a woman including,

Unwelcome physical contact and explicit sexual advances
Demand or request for sexual favours
Showing pornography against the woman’s will
Making sexually coloured remarks

Section 75(2) of the BNS provides the rigorous punishment for acts including unwelcome physical contact and explicit sexual advances, demand or request for sexual favours, showing pornography against the woman’s will upto 3 years or fine or both.
For the acts such as making sexually coloured remarks is punished with imprisonment upto one year or with fine or both.

A sexual harassment lawyer can help you file your complaint under BNS and also assist you in every step of the process.

Sexual harassment under POSH Act

Now comes the main legislation dealing with the offence of sexual harassment at workplace, the POSH Act, 2013. The POSH Act defines sexual harassment under Section 2(n) as non-desired yet sexual physical, verbal, or otherwise action, which conflicts with the human dignity of a woman. The law appreciates that these acts, although they may be minor or implied, can be uncomfortable, fear-evoking, or humiliating. Sexual harassment, as per this Section consists of:

Physical contacts and advances- Unwanted physical contacts or harmless advances particularly with sexual hints.
Demand or ask sexual favours: Whether direct or indirect usually manifested at the workplace (e.g. in exchange of promotion or provisions).
Sexually coloured remarks- Comments that are suggestive, vulgar, demeaning depending on sex or sexuality.
Exhibiting pornography – Exposing or showing explicit material without the assent.
Other inappropriate sexual behavior- Unwelcome conduct of a sexual nature that is not covered by any of the above.

When Should You Report Sexual Harassment?

Sexual harassment should be reported as soon as possible after the occurrence or when the person feels safe. Even one such incident such as unwelcome body contact, sexual gestures, and request of sexual favours are sufficient to raise a complaint.

Early reporting can assist in protecting your rights, maintaining evidence and other instances of abuse.

When in doubt consult a lawyer or counselor. You are not alone, there is a way out.

Complaint Committees

With the POSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace) all organizations employing 10 or more people should establish an Internal Committee (IC) in order to handle sexual harassment complaints.

In case the organization does not have 10 employees or the complaint is against the employer then the case is dealt with in Local Committee (LC) under District Officer.

Important Attributes of Complaint Committees:

At least one external member (NGO or a legal expert) is required.
Presided over by a senior female worker.
Has to conduct an investigation within 90 days.
Should keep confidentiality.

These committees offer a secure, well-organized and time-sensitive redressal process. In case you are being harassed, you can raise a complaint against it with these entities.

Workplace Harassment Policy and Anti Bullying Laws

In India, the legal system of guaranteeing a safe working environment lies within the POSH Act India which requires all organizations to have clear policies against workplace harassment. Be it office harassment by a boss or senior harassment at workplace or discrete forms of experiencing discrimination at work, there is a guarantee by the law that a victim may speak out.

Furthermore, anti-bullying legislation that will be introduced in India will likely focus on repeating psychological torture, negative statements or job vandalism exercised by the employees. There are now legal options to ensure that basic dignity and safety of every employee is addressed.

Those elements include strict adherence followed by a supportive HR practice and proactive redressal of grievances which is at the core of an empowered workplace where employees are respected and safe.

In case your workplace does not have an IC, consult a sexual harassment lawyer, they can guide you on your rights and laws and also assist you in filing the complaint before the local complaint committee.

Rights of the Victim of Sexual Harassment

According to the POSH Act, 2013, victims who were sexually harassed at the workplace are legally safeguarded. Some of their main rights are:

Right to Lodge a Complaint

All the victims have a right to submit a written complaint to the Internal Committee (IC) or Local Committee (LC) within 3 months of the occurrence.

Protection to a fair inquiry

The right of inquiry should be carried out privately and fairly within 90 days. The victim has to be heard and given a chance to plead with evidence or witnesses.

Right to Protection of Retaliation

The law guarantees an employee against retaliation or victimization during or after the inquiry process, transfer or paid leave not more than 3 months in case of necessity.

Right to Legal Aid and Representation

The victims have the right to be assisted by a legal practitioner or get legal representation in case the case is to be brought to court.

Right to Know the Action

The complainant should be told of the outcome and action by the employer based on the recommendations of the committee.

Right to Compensation

In established cases, the committee has the right to award financial reimbursement in situations of traumatic stress, emotional destruction, loss of career, and all the medical costs.

Right to File an FIR

The victims are also entitled to the filing of a criminal complaint under Section 75 of the BNSS, 2023 regarding sexual harassment which is non-bailable and cognizable.

Whom to Complain?

In case you are a victim of sexual harassment at the workplace, you will need to lodge your complaint with:

Internal Committee (IC) - In case your organization has a minimum of 10 employees, then as per POSH Act, 2013, the company must have the Internal Committee.
Local Committee (LC) - In the absence of an Internal Committee (e.g. in smaller workplaces, when the employer was the harasser), you can lodge your complaint with the Local Committee established by the District Officer.
Police - In case it is a criminal offense (such as sexual assault), then you can lodge an FIR under BNSS Section 75 (previously known as Section 354A of IPC).

How to Complain?

File a written complaint within 3 months of the incident (or the last incident in case of a series).
Mention clear details such as:

Date, time, place of the incident
Nature of the harassment
Names of the accused and any witnesses

Submit it to the Presiding Officer of the Internal Committee or the District Officer for the Local Committee.

If you’re unable to write, the committee must assist you in recording your complaint.

You may also seek help from a lawyer or NGO for guidance and support during the process.

Always keep a copy of your complaint and any evidence (emails, messages, witness details) safely documented. A sexual harassment lawyer can help you file your complaint in a appropriate manner and ensure your voice is heard.

Critical Analysis

The POSH Act, 2013, and additional legal reforms like Section 75 of the Bharatiya Nyay Sanhita (BNSS) bring about a significant transformation on how India can deal with sexual harassment at the workplace. The Act enables legal provisions to pursue justice by legally enforcing the setting up of Internal Committees (ICs), defined mechanism of time-bound redressal, and provides a formalized structure to the victim. Nevertheless, there are a number of obstacles that exist in practice. The creation of ICs and awareness sessions is still not done properly in many workplaces. The victims, primarily those in low-wage or unorganized sectors usually fear retaliation, victim blaming, or loss of jobs, which does not allow them to present complaints. Moreover, the distinction between the undesirable behaviour and acceptable communication is still ambiguous in certain organizations owing to the absence of training.

Another major concern is the underreporting of cases, often due to power imbalance, such as senior harassment in the workplace or office harassment by a boss. Aspects of POSH compliance are highly effective depending on the sensitivity and seriousness with which employers apply its provisions.

Although anti-bullying legislation in India is still developing, the existing legal system can be improved by adding additional preventive measures, gender-neutral parts as well as punishments on false complaints or abuse to ensure fairness.

Conclusion

Legislation is not the only solution to combating workplace harassment, it necessitates a cultural transformation. Policies on workplace harassment and the POSH Act India are invaluable resources whose effectiveness is determined after their sincere enforcement, frequent awareness campaigns, and secure complaint roles. Organizations should make sure that workplace harassment or discrimination cannot be accepted on any level and its victims should learn about their rights against harassment.

As awareness and enforcement grows, we will get closer to a more respectful, secure and equal working environment where everyone feels safe.

“Safe workplace is not a privilege but a right. When silence becomes a protection to the harasser, but action a power to the victim and to transform the system.”

FAQs

1. Is there a specific deadline to report sexual harassment?

Yes. According to the POSH Act, the complaint should be lodged not exceeding 3 months after the incident. A series of incidents will require the filing of the complaint within 3 months of the latest occurrence. A delay up to 3 more months can, however, be granted depending on an adequate ground by the Internal Committee (IC).

2. How will I proceed when I do not have evidence to back up my complaint?

You may still make a complaint. Often, testimonies of a complainant, witness statements, surrounding circumstances, and changes in behavior are sufficient to allow the Internal Committee to conduct an inquiry. The direct evidence is not required, at least in the cases concerning harassment in the workplace.

3. Is it possible to file a sexual harassment in the workplace case with a magistrate as a private complaint?

Yes. In case the employer does not take any rightful action, or in case there are criminal aspects of the case such as physical assault or sexual offences defined under the IPC or BNSS, you can opt to file a private complaint to the Magistrate under Section 200 of the CrPC (as Section 223 of the BNSS, 2023).

4. What if an employer refuses to hear my complaint?

Where your workplace lacks an Internal Committee or does not take any action, you may take the matter to the Local Committee (LC) established by the District Officer. You may even write to the Labour Department or submit a writ petition under Article 226 of the Constitution in the High Court.

5. Could I recover the loss of wages in the complaint process?

Yes, you can claim remedy and reinstatement in case you are put on leave or recalled unfairly by filing a complaint. The POSH Act provides that the interim relief and compensation may be recommended by the Internal Committee on the loss of wages, mental trauma, or emotional distress as a result of the procedure during inquiry.

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Dear Client, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make offices safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducting an investigation, as well as the measures to be taken. According to Section 2(n) of the Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or nonverbal conduct. The accusation must be filed “within 3 months from the date of the episode,” to the IIC (Internal Inquiry Committee) according to the Act. The IIC has two options: file a police report or file charges that must be accomplished within ninety days. In aspects of summoning and inquiring individuals under pledge, as well as trying to order the discovery and development of records, the IIC has civil-court-like power and authority. Within ten days of the inspection’s execution, the ICC must give the firm a paper detailing its findings. The report is available to both stakeholders. According to the legislation, the legitimacy of the lady, the accused, and any eyewitnesses, as well as any relevant information on the investigation, proposal, and action taken, is not to be publicly disclosed. When the investigation is finished, the IIC must provide the employer with a report on its findings within 10 days. Both parties are also given access to the report. If the allegations of sexual harassment are proven, the IIC advises the employer to take action “in accordance with the provisions of the company’s service rules.” Compensation is determined by five factors: the woman’s suffering and emotional distress; her loss of career opportunity; her medical expenses; the respondent’s income and financial status; and the feasibility of such payment. Following the recommendations, the aggrieved woman or respondent has 90 days to file an appeal in court. Section 14 of the Act addresses the penalties for filing a false or malicious complaint and providing false evidence. In this case, the IIC “may recommend” to the employer that action be taken against the woman or the person who filed the complaint “in accordance with the provisions of the service rules.” In the given situation, you may bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee u/s.5 of the Act for redressal of your grievance. A forced resignation can be termed an illegal termination if the employee proves her complaint of sexual harassment and toxic working environment with cogent evidence that forced her to tender resignation. Termination or dismissal other than a disciplinary action for proven misconduct amounts to illegal termination/retrenchment and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute before the concerned Labour Commissioner for redressal of the complaint failing which she can approach directly before the Industrial Tribunal/Labor Court concerned for adjudication provided you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.

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